S T A T E O F N E W Y O R K
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6616
2021-2022 Regular Sessions
I N A S S E M B L Y
March 22, 2021
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to comprehensive sexuali-
ty education in schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 804-e
to read as follows:
§ 804-E. COMPREHENSIVE SEXUALITY EDUCATION. 1. EACH PUBLIC AND CHARTER
SCHOOL SHALL ENSURE ALL PUPILS RECEIVE, AS AN INTEGRAL PART OF EDUCATION
IN GRADES KINDERGARTEN THROUGH TWELVE, COMPREHENSIVE SEXUALITY EDUCA-
TION.
2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DEVELOP AND ESTABLISH A COMPREHENSIVE SEXUALITY EDUCATION PROGRAM.
SUCH PROGRAM OF INSTRUCTION SHALL INCLUDE: (I) MODEL CURRICULA FOR
COMPREHENSIVE SEXUALITY EDUCATION IN GRADES KINDERGARTEN THROUGH TWELVE
INCLUDING EXEMPLAR LESSON PLANS, INSTRUCTIONAL TOOLS AND MATERIALS, AND
BEST PRACTICE INSTRUCTIONAL RESOURCES THAT ARE SUITABLE TO STUDENT AGE,
BASED ON COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY AND AT A MINIMUM
CONFORMS TO THE CONTENT AND SCOPE OF NATIONAL SEXUALITY EDUCATION STAND-
ARDS; (II) RESOURCES TO SUPPORT IMPLEMENTATION OF THE INSTRUCTION IN THE
SCHOOLS; AND (III) PUBLIC AVAILABILITY OF ALL PROGRAM MATERIALS RELATED
TO COMPREHENSIVE SEXUALITY EDUCATION ON THE DEPARTMENT'S WEBSITE.
3. IN THE DEVELOPMENT OF SUCH PROGRAM, THE COMMISSIONERS SHALL SEEK
THE RECOMMENDATIONS OF A BROAD RANGE OF EXPERTS SUCH AS TEACHERS CERTI-
FIED IN HEALTH, BIOLOGY, FAMILY AND CONSUMER SCIENCE, EARLY CHILDHOOD
EDUCATION, AND CHILDHOOD EDUCATION, CERTIFIED AND LICENSED SOCIAL WORK-
ERS, SCHOOL NURSES, SCHOOL ADMINISTRATORS, SCHOOL BOARD MEMBERS, PARENT
TEACHER ASSOCIATION MEMBERS, OTHERS WITH EDUCATIONAL EXPERTISE IN INTI-
MATE PARTNER VIOLENCE, SEXUAL ASSAULT, REPRODUCTIVE AND SEXUAL HEALTH
CARE, AND SERVING LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUESTIONING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06644-04-1
A. 6616 2
YOUTH. SUCH PROGRAM OF COMPREHENSIVE SEXUALITY INSTRUCTION SHALL BE
REVIEWED PERIODICALLY BY THE COMMISSIONER IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH, AT INTERVALS SPECIFIED BY THE COMMISSIONER, AND
UPDATED AS NECESSARY.
4. THE COMMISSIONER SHALL PRESCRIBE IN REGULATIONS SUCH CONTENTS AND
TOPICS TO BE INCLUDED IN A CURRICULUM OF COMPREHENSIVE SEXUALITY
INSTRUCTION; PROVIDED, HOWEVER, THAT THE CURRICULA NEED NOT BE UNIFORM
THROUGHOUT THE STATE; AND PROVIDED FURTHER, HOWEVER, THAT SCHOOL
DISTRICTS SHALL UTILIZE EITHER A CURRICULUM FOR COMPREHENSIVE SEXUALITY
EDUCATION INSTRUCTION PRESCRIBED BY THE COMMISSIONER OR A CURRICULUM IN
ACCORDANCE WITH THE CRITERIA ESTABLISHED BY THE COMMISSIONER.
5. UPON APPROVAL AND ADOPTION BY THE BOARD OF REGENTS, THE DEPARTMENT
SHALL ISSUE GUIDANCE TO THE SCHOOL DISTRICTS ABOUT THE PROGRAM ON
COMPREHENSIVE SEXUALITY INSTRUCTION AND PUBLISH ON ITS WEBSITE MODEL
CURRICULA AND INSTRUCTIONAL RESOURCES REQUIRED BY THIS SECTION. SCHOOL
DISTRICTS SHALL PROVIDE COMPREHENSIVE SEXUALITY EDUCATION INSTRUCTION NO
LATER THAN THE SCHOOL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
NO LATER THAN THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION
AND AS NECESSARY THEREAFTER, THE COMMISSIONER SHALL CONDUCT A REVIEW OF
DISTRICT IMPLEMENTATION TO MONITOR COMPLIANCE.
6. THE BOARDS OF EDUCATION OR TRUSTEES OF THE CITIES AND SCHOOL
DISTRICTS OF THE STATE THAT CHOOSE NOT TO ADOPT THE MODEL CURRICULUM
APPROVED BY THE BOARD OF REGENTS SHALL EACH ESTABLISH AN ADVISORY COUN-
CIL WHICH SHALL MAKE RECOMMENDATIONS TO THE BOARD OF EDUCATION OR TRUS-
TEES CONCERNING THE CURRICULUM, CONTENT, AND EVALUATION OF THE COMPRE-
HENSIVE SEXUALITY EDUCATION REQUIRED PURSUANT TO THIS SECTION. THE
ADVISORY COUNCIL SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, MEMBERS OF
THE SCHOOL BOARD OR TRUSTEES, SCHOOL AUTHORITIES, A TEACHER DESIGNATED
BY A TEACHER'S COLLECTIVE BARGAINING ORGANIZATION, OTHER STAFF, PARENTS,
STUDENTS, AND OTHER REPRESENTATIVES OF THE COMMUNITY. THE BOARD OF
EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT SHALL DETERMINE THE CURRIC-
ULUM AND CONTENT OF THE PROGRAM WITHIN THE SCHOOL DISTRICT AND SHALL BE
RESPONSIBLE FOR THE EVALUATION OF THE PROGRAM WITHIN THE DISTRICT AND
ENSURING THE PROGRAM CONFORMS IN CONTENT AND SCOPE TO THE COMPREHENSIVE
SEXUALITY EDUCATION PROGRAM ESTABLISHED BY THE COMMISSIONER.
7. THE BOARD OF EDUCATION AND TRUSTEES OF THE CITIES AND SCHOOL
DISTRICTS OF THE STATE SHALL ESTABLISH A PROCESS BY WHICH A PARENT OR
GUARDIAN OF A STUDENT MAY ELECT FOR THE STUDENT NOT TO PARTICIPATE IN
SELECT LESSONS REGARDING HIV/AIDS PREVENTION; PROVIDED, HOWEVER, THAT
SUCH PROCESS SHALL REQUIRE WRITTEN NOTICE SIGNED BY THE STUDENT'S PARENT
OR GUARDIAN FOR EACH SCHOOL YEAR.
8. AS USED IN THIS ARTICLE, "COMPREHENSIVE SEXUALITY EDUCATION" MEANS
A MEDICALLY ACCURATE, AGE-APPROPRIATE SEQUENTIAL LEARNING PROGRAM WHICH
ADDRESSES PHYSICAL, MENTAL, EMOTIONAL AND SOCIAL DIMENSIONS OF HUMAN
SEXUALITY, IS TRAUMA-RESPONSIVE AND CULTURALLY APPROPRIATE, INCORPORATES
SKILLS-BASED INSTRUCTION; PROVIDES STUDENTS WITH KNOWLEDGE AND SKILLS
THEY NEED TO FORM RELATIONSHIPS THAT ARE BASED ON MUTUAL RESPECT AND
AFFECTION AND THAT ARE FREE FROM VIOLENCE, COERCION, AND INTIMIDATION;
AND ARE RESPECTFUL AND INCLUSIVE OF ALL STUDENTS REGARDLESS OF ACTUAL OR
PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION,
RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, OR GENDER AS DEFINED
IN SECTION ELEVEN OF THIS CHAPTER. COMPREHENSIVE SEXUALITY EDUCATION
SHALL INCLUDE, BUT IS NOT LIMITED TO, AGE-APPROPRIATE INSTRUCTION ON:
(I) HUMAN ANATOMY, REPRODUCTION, AND SEXUAL DEVELOPMENT; (II) CONSENT,
BODILY AUTONOMY, BOUNDARY-SETTING, BULLYING, AND PEER PRESSURE; (III)
HEALTHY RELATIONSHIPS, INCLUDING RELATIONSHIPS INVOLVING DIVERSE SEXUAL
A. 6616 3
ORIENTATIONS AND GENDER IDENTITIES AND PREVENTION OF INTIMATE PARTNER
VIOLENCE, SEXUAL VIOLENCE AND SEXUAL HARASSMENT; (IV) METHODS FOR
PREVENTING PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS; (V) GENDER,
GENDER EXPRESSION, GENDER IDENTITY, DIVERSITY OF SEX CHARACTERISTICS,
AND THE HARMS OF GENDER STEREOTYPES; (VI) THE RELATIONSHIP BETWEEN
SUBSTANCE USE AND SEXUAL BEHAVIOR AND HEALTH; AND (VII) THE USE OF TECH-
NOLOGY AND SOCIAL MEDIA IN INTERPERSONAL RELATIONSHIPS.
§ 2. This act shall take effect July 1, 2024.